Senate Bill S1786

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1786
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to  creating  the  crimes  of
   dangerous  driving  in  the  fifth,  fourth,  third,  second and first
   degrees

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  penal  law  is  amended  by adding five new sections
 120.71, 120.72, 120.73, 120.74 and 120.75 to read as follows:
 § 120.71 DANGEROUS DRIVING IN THE FIFTH DEGREE.
   A PERSON IS GUILTY OF DANGEROUS DRIVING IN THE FIFTH DEGREE,  WHEN  HE
 OR  SHE,  HAVING  BEEN CONVICTED WITHIN THE PRECEDING EIGHTEEN MONTHS OF
 ANY TWO VIOLATIONS OF SECTION FIVE HUNDRED NINE,  FIVE  HUNDRED  ELEVEN,
 SIX HUNDRED, ELEVEN HUNDRED EIGHTY-TWO, ELEVEN HUNDRED NINETY-TWO, ELEV-
 EN  HUNDRED  NINETY-TWO-A  OR  TWELVE  HUNDRED TWELVE OF THE VEHICLE AND
 TRAFFIC LAW, OPERATES A MOTOR  VEHICLE  IN  VIOLATION  OF  ANY  OF  SUCH
 SECTIONS OF THE VEHICLE AND TRAFFIC LAW, AND IN DOING SO CAUSES PHYSICAL
 INJURY TO ANOTHER PERSON.
   DANGEROUS DRIVING IN THE FIFTH DEGREE IS A CLASS A MISDEMEANOR.
 § 120.72 DANGEROUS DRIVING IN THE FOURTH DEGREE.
   A  PERSON IS GUILTY OF DANGEROUS DRIVING IN THE FOURTH DEGREE, WHEN HE
 OR SHE, KNOWINGLY HAS IN EFFECT THREE OR MORE SUSPENSIONS, IMPOSED ON AT
 LEAST THREE SEPARATE DATES FOR FAILURE TO ANSWER, APPEAR, OR PAY A  FINE
 PURSUANT  TO  SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SIX OF THE
 VEHICLE AND TRAFFIC LAW OR PARAGRAPH A OF SUBDIVISION  FOUR  OF  SECTION
 FIVE  HUNDRED  TEN  OF THE VEHICLE AND TRAFFIC LAW AND WHILE OPERATING A
 MOTOR VEHICLE CAUSES PHYSICAL INJURY TO ANOTHER PERSON.
   DANGEROUS DRIVING IN THE FOURTH DEGREE IS A CLASS E FELONY.
 § 120.73 DANGEROUS DRIVING IN THE THIRD DEGREE.
   A PERSON IS GUILTY OF DANGEROUS DRIVING IN THE THIRD DEGREE,  WHEN  HE
 OR  SHE, (A) KNOWINGLY HAS IN EFFECT TEN OR MORE SUSPENSIONS, IMPOSED ON
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00245-01-9

 S. 1786                             2
 
 AT LEAST TEN SEPARATE DATES FOR FAILURE TO ANSWER, APPEAR, OR PAY A FINE
 PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SIX  OF  THE
 VEHICLE  AND  TRAFFIC  LAW OR PARAGRAPH A OF SUBDIVISION FOUR OF SECTION
 FIVE  HUNDRED  TEN  OF THE VEHICLE AND TRAFFIC LAW AND WHILE OPERATING A
 MOTOR VEHICLE CAUSES PHYSICAL INJURY TO ANOTHER PERSON; (B) HAVING  BEEN
 CONVICTED  WITHIN THE PRECEDING EIGHTEEN MONTHS OF ANY TWO VIOLATIONS OF
 SECTION FIVE HUNDRED NINE, FIVE  HUNDRED  ELEVEN,  SIX  HUNDRED,  ELEVEN
 HUNDRED  EIGHTY-TWO,  ELEVEN  HUNDRED NINETY-TWO, ELEVEN HUNDRED NINETY-
 TWO-A, OR TWELVE HUNDRED TWELVE OF THE VEHICLE AND TRAFFIC LAW, OPERATES
 A MOTOR VEHICLE IN VIOLATION OF ANY SUCH SECTIONS  OF  THE  VEHICLE  AND
 TRAFFIC  LAW,  AND IN DOING SO CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER
 PERSON; OR (C) WHEN HE OR SHE, KNOWINGLY HAS IN  EFFECT  THREE  OR  MORE
 SUSPENSIONS,  IMPOSED  ON  AT  LEAST THREE SEPARATE DATES FOR FAILURE TO
 ANSWER, APPEAR, OR PAY A FINE PURSUANT TO SUBDIVISION THREE  OF  SECTION
 TWO  HUNDRED TWENTY-SIX OF THE VEHICLE AND TRAFFIC LAW OR PARAGRAPH A OF
 SUBDIVISION FOUR OF SECTION FIVE HUNDRED TEN OF THE VEHICLE AND  TRAFFIC
 LAW  AND  WHILE OPERATING A MOTOR VEHICLE CAUSES SERIOUS PHYSICAL INJURY
 TO ANOTHER PERSON.
   DANGEROUS DRIVING IN THE THIRD DEGREE IS A CLASS D FELONY.
 § 120.74 DANGEROUS DRIVING IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF DANGEROUS DRIVING IN THE SECOND DEGREE, WHEN  HE
 OR  SHE, (A) KNOWINGLY HAS IN EFFECT TEN OR MORE SUSPENSIONS, IMPOSED ON
 AT LEAST TEN SEPARATE DATES FOR FAILURE TO ANSWER, APPEAR, OR PAY A FINE
 PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SIX  OF  THE
 VEHICLE  AND  TRAFFIC  LAW OR PARAGRAPH A OF SUBDIVISION FOUR OF SECTION
 FIVE HUNDRED TEN OF THE VEHICLE AND TRAFFIC LAW AND  WHILE  OPERATING  A
 MOTOR  VEHICLE  CAUSES SERIOUS PHYSICAL INJURY TO ANOTHER PERSON; OR (B)
 HAVING BEEN CONVICTED WITHIN THE PRECEDING EIGHTEEN MONTHS  OF  ANY  TWO
 VIOLATIONS  OF  SECTION  FIVE  HUNDRED  NINE,  FIVE  HUNDRED ELEVEN, SIX
 HUNDRED, ELEVEN HUNDRED EIGHTY-TWO, ELEVEN  HUNDRED  NINETY-TWO,  ELEVEN
 HUNDRED  NINETY-TWO-A, OR TWELVE HUNDRED TWELVE OF THE VEHICLE AND TRAF-
 FIC LAW, HE OR SHE OPERATES A MOTOR VEHICLE IN VIOLATION OF ANY OF  SUCH
 SECTIONS  OF  THE  VEHICLE  AND  TRAFFIC LAW, AND IN DOING SO CAUSES THE
 DEATH OF ANOTHER PERSON.
   DANGEROUS DRIVING IN THE SECOND DEGREE IS A CLASS C FELONY.
 § 120.75 DANGEROUS DRIVING IN THE FIRST DEGREE.
   A PERSON IS GUILTY OF DANGEROUS DRIVING IN THE FIRST DEGREE,  WHEN  HE
 OR  SHE,  KNOWINGLY HAS IN EFFECT TEN OR MORE SUSPENSIONS, IMPOSED ON AT
 LEAST TEN SEPARATE DATES FOR FAILURE TO ANSWER, APPEAR, OR  PAY  A  FINE
 PURSUANT  TO  SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-SIX OF THE
 VEHICLE AND TRAFFIC LAW OR PARAGRAPH A OF SUBDIVISION  FOUR  OF  SECTION
 FIVE  HUNDRED  TEN  OF THE VEHICLE AND TRAFFIC LAW AND WHILE OPERATING A
 MOTOR VEHICLE CAUSES THE DEATH OF ANOTHER PERSON.
   DANGEROUS DRIVING IN THE FIRST DEGREE IS A CLASS B FELONY.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.